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V.S.KANDASAMY, E.J.BELLIE, PULAVAR, ANGEL ARULRAJ
KULITHALAI CO-OPERATIVE BUILDING SOCIETY LTD. – Appellant
Versus
P. SOUNDARAPANDIYAN – Respondent


Advocates:
Counsel for the Parties :
For the Appellants :M/s. Sarvabhauman Associates, Advocate.
For the Respondents:Mr. M.V. Chandran, Advocate.

ORDER

Thiru Justice E.J. Bellie, President—In this order, the above titled two Appeals viz., AP No. 246/96 filed by the complainant for enhancement of the award passed by the District Forum, and AP No. 20/96 filed by the opposite party for setting aside the order of the District Forum and dismissing the complaint, are dealt with.

2. The complainant Soundarapandian was a member of the opposite party-Building Society. He was allotted by the Society an 'A' class plot bearing No. 17 for construction of house for sale for Rs. 17,940/-. He paid the entire amount, and an agreement of sale was entered into between him and the opposite party and he was given possession thereof. According to the complainant the opposite party took hasty proceedings to resume the plot and re-allot the same to one Balakrishnan who had taken forcible possession of the land. This action of the opposite party amounts to gross abuse of power and negligence which has caused the complainant hardship and mental agony. On these grounds he prayed for an award of Rs. 3,00,000/- being the value of the plot and Rs. 2,00,000/- for mental agony.

3. The opposite party Society in its written version contended that as per the agr














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